Friday, December 22, 2006

Rape Charges Dismissed, Nifong Presses On

In the wake of revelations that he conspired with Dr. Brian Meehan, the director of the lab that conducted DNA testing in the Hoax, to withhold exculpatory evidence that demonstrated that no rape occured, District Attorney Mike Nifong has filed a motion to dismiss rape charges against the three innocent men he has been railroading. Citing the accuser's uncertainty as to whether a rape occured, the motion to dismiss was submitted this morning, months after Nifong assured the public that a rape had occurred.
"Nifong filed paperwork to dismiss forcible rape charges against Reade Seligmann, 20, Collin Finnerty, 20, and David Evans, 23."
"The players were indicted last spring after a North Carolina Central University student told police she was beaten and raped by three lacrosse players while performing as a stripper at a March 13 team party. The players have denied any wrongdoing in the case, which has split the Durham community in recent months."
"Nifong's investigator interviewed the woman Thursday, and she told the investigator that she couldn't testify "with certainty" that she was raped." WRAL
Vindictively, the man without a conscience expressed his intention to continue to pursue kidnapping and sexual assault charges now that it has been demonstrated that the rape accusations were false.

“Nifong said he plans to proceed with kidnapping and sexual assault charges against the three players.” WRAL

It should be noted that the decision to have henchman Linwood Wilson finally interview the accuser comes only after exculpatory DNA evidence Nifong, Meehan, and others had kept secret was made known.

"It's highly coincidental," [David Evan's attorney Joe] Cheshire said, that the charges are being dropped a week after the director of a private DNA testing lab acknowledged that he initially, with Nifong's knowledge, withheld from the defense test results showing none of the players' DNA was found on or in the accuser's body. Herald Sun

More than three months after falsely stating to the court that the accuser had “ability to recall in great detail the events prior to and during” the imagined assault, it appears now that DA Nifong will again attempt to reinvent the Hoax.

"“The victim in this case indicated that, while she initially believed that she had been vaginally penetrated by a male sex organ ... she cannot at this time testify with certainty" that it occurred, Nifong wrote. Since such penetration is one of the elements the state must prove beyond a reasonable doubt in a prosecution of a charge of first-degree forcible rape, "the State is unable to meet its burden of proof with respect to this offense,” he continued." N&O

With his case entirely shredded by medical and scientific evidence that he had been aware of for months, his reputation in tatters now that his conspiracy to hide evidence has been revealed, and facing the prospect of investigation by the State Bar and the Department of Justice at the urging of an increasing number of public officials, law professionals and legal scholars, DA Nifong now appears intent on desperately bringing forth a newly invented version of events to weasel his way around the overwhelming evidence of actual innocence.
While it remains to be seen what tale the reinvention of the hoax entails, it is certain to defy the affidavits sworn to by Inv. Himan, the tall tale presented to the Grand Jury in order to secure indictments, the accuser’s detail handwritten version of the imagined events, her statements in the manufactured photo ID session, and DA Nifong’s many public statements.
While it certainly is good news and cause for celebration to see the most serious charges dropped, this latest shameless legal maneuvering is quite frightening. Rather than do the right thing now that his misconduct has been outed, the District Attorney appears intent on pursuing his persecution with continued disregard for truth, justice, ethics, and reality.
Who will stop this monster?

49 comments:

Anonymous said...

Lawyers on Fox and NBCN say its over. You can't say you can't remember beinf rape 3 ways for 30 minutes. The case is over.

Anonymous said...

God willing, all persons who believe in the protections of the Constitution will make an effort to stop him.

This latest twist is disheartening.

I hope the Judge will step in and have a conversation with Mike.

Anonymous said...

Congratulations to the guys and their fammilies - though its not quite over yet.

Now, for a comment about today's losers;

Nifong is sequestered away trying to see if either Himan or Gotleib will be his 'cut-out' to open a few 'off-shore' bank accounts while 'he can'

Looks like Precious is going to be without her State sponsored Room Service -

Brodhead won't get to see the trial he's been giving credibility to.

Anonymous said...

God Bless You Liestoppers!!!!!

bill anderson said...

What a lying piece of scum. He is just trying to salvage his case, but this now gives the judge all he needs to drop all charges, if it even gets that far.

Keep in mind that the DA had this information in April -- APRIL!! -- and now tries to tell us that they are talking to the accuser again?

People, realize that this only makes his situation worse. He would have been better off soldiering on, but now the mask is off. For the rest of us, the gloves are off.

huesofblue said...

So let me make sure I understand Nifong's theory of the case. The alleged victim's recollection of the night in question is so hazy that she can't even say whether or not she was raped, yet somehow her recollection of her "attackers'" identity is strong enough to go to trial on? This is absolutely ridiculous. I look forward to the defense modifying their ID motion and getting this thing thrown out all together.

I'm really happy about the good news, but Nifong truly has no shame.

Durham Lawyer said...

I agree with the above comment. I had been thinking that maybe Mr. Nifong would mitigate the harm he has done by dropping the charges before Christmas, and that is what I thought when I first heard that that dismissals were being filed. Then, I found out that he was only dropping the rape charges. Instead of ending the hoax, he is squeezing every drop of pain out of these players and their families that he can. What a total jerk. I hope the State Bar cans him for good.

Anonymous said...

This latest move by Nifong in the 'light of day' is soooo unbeleiveable, I seriously question (for the 1st time) if EVEN a Durham jury could convict these guys.

Drop all the charges you spineless schmuck !

Anonymous said...

Hey Bill - Don't sugar coat it. Just tell us what you think.

Nifong just dug a deeper hole. He will be questioned about what evidence supported the two remaining charges other than the false accuser's word, which is worthless. He will have to answer why he waited nine months to questions her. He will have to respond to the Black community about why he used them and fooled them to win an election. (By the way, where is Cash lately?) He will have to put the accuser on the stand and explain the time line. Hopefully, he will have to report to the Durham city council about what happened. Hopefully he will have to hire a lawyer and respond to criminal and civil cases.

joan foster said...

Please promise that none of us leaves until Nifong pays in full for this!

Anonymous said...

Joan - no worries. Once the guys are fully in the clear, the BIG CROSSHAIRS are on Nifong - won't rest until he's chewing on prison grub

Anonymous said...

Hold on...if he got grand jury indictments based on RAPE...how can the indictments be valid? the whole accusation was about rape.

I think now the Gove or AG needs to step in and say: "game over."

Anonymous said...

This will play well in court: the false accuser was LYING about the rape but telling the honest-to-God truth about being kidnapped and assaulted!!!

What a Mo-Ron!!!

Anonymous said...

Liefong is too much of a coward to drop all the charges. That would simply demonstrate this was a farce/hoax all along. No, he will wait for someone else (Gov. or AGNC) to drive the stake through the heart here. He is afraid that if he dropped all charges, the transparency of his actions (past) would likely result in a "lynching" party in the press and amongst Bar disciplinary committees.

Anonymous said...

Dr. Brodhead, We Are Waiting!

Anonymous said...

i do not doult that Nifong is expecting grateful parents to plead out the remaining charges. I do not see that happening but stay strong families.
NIFONG - COME OUT - COME OUT - WHEREVER YOU ARE -Boulton and Woody still trying to make excuses - We will see where Ted and Bernie are tonight,

Anonymous said...

A previous commenter in this thread mentioned this, and now its like I am seeing Nifong's entire strategy unfold in front of my eyes.

Nifong wants the feds to come in and kill the case. The feds can only end the case and punishment of Nifong is only through local authorities, and he knows there is no teeth there. So if the big bad G-Men come in and shut the whole shebang down, count on Nifong to point to them for the black community as the reason why he couldn't prosecute.

He gets out of a lose/lose case, slap on the wrist, and gets a decent chance to have the NAACP and other minority organizations stay in his corner.

The whole rape aspect though was simply too much, and he had to get people not talking about his conduct with Meehan. By dropping the rape charges, he buys himself more time for the Feds to act, while trying to get the whole DNA aspect of the case out of the collective discussion.

James said...

Nifong's take:
Lack of DNA evidence means only one thing: A foreign object was used to penetrate her!

Seriously he is a sick, sick man. What version/story number is this?

bill anderson said...

Hey, I am on WBAL today (about 5 p.m., Friday) to discuss the hoax and the latest developments. It is www.wbal.com, and you can it the link on the upper left to hear the live broadcast. I am on the Ron Smith Show, although someone else will be hosting.

Believe me, I will pull no punches, but I have promised not to use profanity! And Joan Foster, you are a Great Heroine!!

Sooner or later, I might way what I really think!

Anonymous said...

Am I correct that the Sexual Offense charge would still cover the alleged anal and oral assaults? That the rape charge only applies to vaginal assault?

Anonymous said...

for a distinction between rape and sexual offense, see www.youngblackman.wordpress.com

Anonymous said...

Hey Mike - Is it time to indict the broom?

Anonymous said...

You are correct. The rape charge covers only vaginal penetration by a penis.

Anonymous said...

Doing this the Friday before Xmas, certainly reduces the chance of a riot. To cold and all those Xmas presents you know.

Anonymous said...

joan;
Not only will none of us leave, but especially now, I believe we will be joined by many others. To have the accuser recant her claim while the DA continues with charges is criminal.

Anonymous said...

Joyner has already gone on record as saying that this strenghens the case!! Wow. Delusion and evil no know bounds. Either Nifong knew this months ago and let it grind on or the fa deliberately changed her story.

But wait, what about the infamous edema, the fabled MEDICAL EVIDENCE that proved rape. Oh...never mind. The fa is not 100 per cent sure she was raped but she is 100 per cent sure who didn't rape her.

By the way, Irving, she is not off the hook with DNA. She has already told those lies and she is subject to impeachment.

bill anderson said...

Joe Cheshire and the others did a good job at the press conference today. Nifong is a liar, and criminal, and a ... well, I need to be careful about using this kind of language in the presence of a woman as classy as Joan Foster.

I'm writing another Lewrockwell.com piece right now and am preparing for my WBAL appearance. Time to go after Nifong even more, as he continues to lie, lie, lie.

Anonymous said...

Legal schmexpert Lester Munson, in CNN-SI says "something unsavory" did happen that night and the boys need to accpet some kind of plea...what a toad.

Anonymous said...

Regardless of what Nifogn is clinging to, how does he get around the fact that Seligmann has strong evidence he was not around for the non-rape?

Anonymous said...

Boy is Nifing a shrewd one! This will actually help his case! Now the defense attorneys can't bring her prior sex and DNA into the case. Precious was a virginally nun before this all happend!

Why can't Nifong just admit he screwed up? What a wus!

Once this is over I can't wait for the lawsuits to begin!

Anonymous said...

4:10
Sure they can, goes to creditably. She can't remember the rape after saying it several times. But she can remember the boys faces?

Anonymous said...

Yes, joan foster, we must all stay on this until Nifong is disbarred and sued, along with the Durham PD and the City of Durham!

Also, we must make sure that Judges Stephens and Titus do NOT get re-elected!

Anonymous said...

4:10..... If rape only pertains to vaginal penatration, she still has the loads of goo... ehhh ... excuse me.. "DNA" to answer to that was found in her anal cavity.That could be included in her previous sexual activity.

Anonymous said...

Sexual Assault carries the same weight as the "rape" charge. They are not off the hook. Actually...Mike's case has suddenly become stronger. I always knew he'd get'em on 1 charge. No need for DNA to prove kidnapping. They did something in that house & it wasn't pretty.

They won't be let loose to assault anyone!

Anonymous said...

1:49..unbelievable



"Lawyers on Fox say"????

Fox is biased as they come! If you're taking Fox's word, you are nuts. Mike Nifong is a smooth as silk. He has 2 more charges to work it. This ain't over yet. oh yes...keep dreaming.

Anonymous said...

Nifong is one shrewd bastard!
People who believe the DUke THree are guilty will beleive it regardless. NOw the ywill say"well, no DNA evidense is needed".
Bloggers, keep posting - 100% than before!

Anonymous said...

It is time to stop giving this false accuser the courtesy due to REAL victims. Publish her name and picture. The accused have had theirs plastered all over the world for months.
And to Brodhead: by not standing firmly behind the lacrosse team and insisting on "innocent until proven guilty", you have smeared your own school and admissions process. How stringent can Duke admissions be if 46 "bad eggs" could get through? If I were a Duke alum, or the parent of a Duke student, I would be galled by the suggestion that Duke admissions are so lax that the criminal element can easily be admitted. Brodhead should have been out in front stating firmly and loudly that while the accusations of course have to be investigated, he found it impossible to believe a Duke man could be guilty of conspiracy much less rape. His silence/lack of support IMPLIED otherwise.....what does that say about his representation of Duke?

bill anderson said...

Yes, yes. Crystal Gail Mangum. She no longer is a "rape victim," so I am putting up the name everyone knows, anyway.

No, no, no, it does NOT make the case stronger, Irving Joyner! And you know it, law professor! This makes the case so weak that it never will go to trial.

Don't forget, ladies and gentlemen, Liefong had this information in April. That is, April 2006, which according to my calendar was eight months ago. This is not new information, so matter what Wendy Murphy tries to tell us with her friend, the Evil Nancy Grace.

We need to double the efforts, gang, and get everyone piling on. I'd pile on more, but I have to go practice on the violin. I'm now at the point where I don't have to worry about animal control officers busting in on me.

Cedarford said...

YetAnotherAnonymous 2:39PM Nifong wants the feds to come in and kill the case. The feds can only end the case and punishment of Nifong is only through local authorities, and he knows there is no teeth there. So if the big bad G-Men come in and shut the whole shebang down, count on Nifong to point to them for the black community as the reason why he couldn't prosecute.

That is incorrect. The Feds have the Police Misconduct Act for rogue cops that engage in civil rights violations, suborns grand juries, conceals evidence, railroads victims under color of law. Huge fines and criminal penalties, and importantly, any person official or private that colludes with such criminal cops to gain a reward - like getting elected through fraudulent prosecution - is part of a conspiracy. Feds love conspiracy. They come with incredibly bright, aggressive investigators and solicitors that swear any bad guy eventually can be tied to the 10 year mail fraud statute as well.

And it is the State of NC or the city the officials had authority under that coughs up the money.

Nifong and the Town Manager's worst nightmare is seeing a fleet of Fed cars coming in and driving right past the Durham Courthouse and pulling up at the police station to see if Himan, Gottlieb, Dep Chief Hodges, and Chief Chalmers all want to fall on their swords for Nifong and the Accuser.

Victim in Massachusetts said...

Liestoppers I have to agree with 7:33pm. The accuser is no long a rape accuser or victim so can we please use her name. She doesn't deserve to be protected any longer

theman said...

I told you that dna is not important they raped the woman while wearing space suits. the kidnapping charges mean that irving joyner really raped her

Anonymous said...

ah idiots

DA Nifong still has kidnapping, sexual assault.
hahahahahahahahahahahahaha

theman said...

yeah and precius is kidnap by Irving joner and Nifong he is good public servent and is lawyer who alwayts tells the truth he said there was a rape lasgt april and now he has rape nbow

Guy Fox said...

Fox News has said it's over. CNN has said it's over. MSNBC has said it's over. Newspapers worldwide have said it's over. Expert commentators, prosecutors and defense attorneys from all parts of the political and ideological spectrum have said it's over. Professor Susan Estrich of UCLA Law, a very liberal feminist advocate, has said it's over. Does anyone see a pattern here? I hope Nifong doesn't mind wearing orange.

As for Professor (what's that idiot's name?) Irving Joyner, there's a reason he's at NCCU instead of at a university people have actually heard of. The top legal minds are at UCLA, and Harvard, and Duke, and Yale, etc. Joyner will never be anything more than a party-line hack and an also-ran.

Anonymous said...

Liestoppers~you and KC are so incredibly awesome--none of us will be going away until Nifong is where he deserves to be!!!!!!

Anonymous said...

There are some larger issues here that will be with us long after Nifong, and that is the obvious overreaching of prosecutorial discretion by politicians that happen to be prosecutors. In my opinion district attorneys should be held to a higher standard than other officers of the court. The standard I would like to see is "the appearance of a conflict of interest". A district attorney up for re-election should by law be required to recuse himself from high profile cases that could influence both voters and the conduct of the office of the district attorney. If we are going to have elected "politicians" in the judicial system there need to be built in safeguards to protect the public and the system itself against over-zealous prosecutors from hijacking the judicial system for personal political gain.

Anonymous said...

Firs off, I'm in puerto rico, and my sister called me yesterday to tell me the news...i want to thank you liestoppers for everything you've done not only to keep this case in the public, but to support the boysand their families by keeping constant watch over the news outlets and being an exceptionally reliable source of information...you have done an amazing amazing job....

Michelle from Madison said...

I kind of have this theory about Nifong. By proceeding with this case. even knowing he can not likely win any conviction against anyone charged, I suspect that as long as he proceeds and claims his actions were “for the victim,” then he can probably not be sued afterwards by any of the defense members. I wonder if he were to totally drop all the charges against all three suspects, then Nifong might be susceptible to both possible civil lawsuits and possible criminal charges against Nifong. His “strategy” might be to proceed to avoid the potential negative sanctions against himself, and it really may be nothing about actually attempting to provide “justice“ to the alleged “victim.“ Anyone thinking the same???????

Guy Fox said...

Michelle, Nifong still committed several gross breaches of ethics and has exercised prosecutorial misconduct on several of the aforementioned cases. Furthermore, he has violated North Carolina criminal law, and as a result, he's not shielded from lawsuits in this case. Quite the opposite, actually. I hope he likes wearing orange.